Community Work Ireland Submission on White Paper on Replacing the Direct Provision System January 2021
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Community Work Ireland
Submission on White Paper on
Replacing the Direct Provision
System
January 2021Introduction
Community Work Ireland (CWI) welcomes the publication of the Report of the Advisory Group on the Provision
of Support including Accommodation to Persons in the International Protection Process, hereafter referred to
as the Advisory Group Report.
As the leading national organisation that promotes and supports community work/community development as
a means of addressing poverty, social exclusion and inequality and promoting human rights (see Appendix 1),
the areas addressed in the report are of particular concern to us including the development of a new
International Protection accommodation policy, centred on a not-for-profit approach.
The following outlines some key points which we believe warrant consideration in the development of the White
Paper.
• We believe that this White Paper should be an action plan rather than just a policy document and
needs to outline in detail the new system to replace Direct Provision and the process of
implementation. The White Paper should be informed by the Advisory Group Report.
• We welcome the emphasis in the Advisory Group Report Advisory Group Report on need for high level
political commitment and a coordinated inter-departmental approach. We draw attention to the
conclusion that all aspects of the report’s recommendations need to be implemented in order for the
new system to be successful.
• Welcome the recommendation in the Advisory Group Report that the new system move away from a
reactive model and recognizes the arrival of international protection applicants as a permanent feature
of Irish society. However, we note that the figure of 3,500 applicants per year may be an
underestimation of future numbers, given current global realities.
• We call for the urgent implementation of vulnerability assessments which are currently required by law
to identify the special reception or procedural needs of applicants. We also stress the need for the new
system to provide appropriate accommodation and supports for victims of human tracking, victims of
sexual abuse or gender-based violence, persons with disabilities, children and any other groups with
specific vulnerabilities and where necessary for women.
• We welcome the recommendation that all asylum seekers be entitled to apply for driving licences and
tests, as well as the recommendation that the state protect the rights of applicants to open bank
accounts. We also welcome the reduced limitations on the right to work which the report
recommends; however, we are aware that these recommendations fail to lift all barriers to accessing
the labor market. We urge the government to grant asylum seekers access to the labor market from
the beginning of their application.
Page | 1Inclusion, Integration, Anti-Racism
We wish to highlight the importance of enabling asylum seekers to integrate into Irish society from day one of
their arrival in Ireland and welcome the clear emphasis on integration in the Advisory Group Report. We
believe a new international protection process should prioritize inclusion, interculturalism, integration, anti-
racism and social cohesion, all of which are badly undermined by the current Direct Provision system. It is
essential that the new system and surrounding policies are designed to support asylum seekers in becoming
empowered and included members of their local communities. We welcome the commitment in the 2020
Programme for Government to ensuring that the establishment of new accommodation is done in an inclusive
and welcoming fashion.
The Advisory Group Report recognizes the crucial role of communities, civil society organizations and NGOs in
promoting integration. CWI welcomes the recommendation that a fund to provide multi-annual grants to
relevant NGOs and local community groups be launched with initial funding of €5 million a year as an essential
part of the new system. CWI proposes that this funding be planned for in the upcoming White Paper and
framed as an essential step in introducing a new system underpinned by a community work approach.
Challenges: Racism and the growth of the far – right
Racism and the influence of the far-right pose an increasing threat to the successful integration and inclusion of
the asylum seekers in Irish society. In recent years there has been a rise in far-right elements who have
deliberately and cynically manipulated concerns at proposals to locate direct provision centres across Ireland.
The issues of racism and far-right activity cannot be ignored in the planning of a new international protection
process and should be given particular attention given the increased mobilisation of the far-right during the
COVID-19 pandemic.
Community workers have a central role in working with communities to build a sense of belonging, cohesion,
and inclusion for everyone in Ireland. Alongside other civil society groups, community workers have played an
important role in challenging racism, misinformation and division, including in the context of international
protection. Responding to racist activity means recognising, resourcing and supporting the work of the many
groups promoting interculturalism and integration throughout the country, particularly through the annual
fund recommended in the Advisory Group Report.
As well as supporting the work of civil society, CWI recommends that government takes direct steps to ensure
that the new system for international protection applicants is proactively anti-racist:
• The development of the new system should be dovetailed with the development of the National Action
Plan Against Racism. The perspective and needs of asylum seekers must be included in all government
anti-racist strategies.
• In line with the commitment made in the 2020 Programme for Government, new accommodation
should be developed in an inclusive and welcoming manner. The establishment of a new system is an
Page | 2opportunity to change the narrative around the placement of asylum seekers in the community1 and
foster meaningful integration.
• We believe it is important that government frames the needs of asylum seekers in the context of
human rights and challenges the idea that those seeking international protection are taking away from
Irish citizens. The perspective and language used by government in this area has the potential to either
foster a sense of solidarity or further perpetuate racism and discrimination.
We recommend that the White Paper, alongside all other publications, discourse and policy relating to the new
system, is framed from the perspective of human rights and avoids any and all language that could contribute
to racist or prejudice narratives about asylum seekers.
Housing
Accommodation in reception centres
CWI note the recommendation by the Advisory Group Report that applicants spend a maximum of 3 months in
reception centres. Where this is deemed necessary, we believe it is essential that the standard of living for
asylum seekers in the reception phase must be human rights compliant and thus far higher than is the case in
many Direct Provision centres currently.
We believe that the move to a non-profit model is an essential one that should bring the conditions in
reception centres in line with the States International human rights obligations2. The White Paper should
include a plan to replace the current National Standards for Direct Provision with a new policy on conditions in
reception centres that ensures these obligations are met3.
CWI believes that the appropriate training of staff in reception centres is crucial to promoting the dignity and
supporting the needs of asylum seekers. As recommended by the Irish Human Rights and Equality Commission,
all reception centres should be made subject to Public Sector Duty and all staff should be trained in gender
equality and human rights4. In addition, all should receive mandatory anti-racism training with regular updates
and a part of on-going performance management and appraisals.
We stress the need for wrap around services including medical and psycho-social care that are available and
easily accessible to asylum seekers. These needs should be considered in the design of the multi-service, multi-
1
Report of the Advisory Group on the Provision of Support including Accommodation to Persons in the International
Protection Process September 2020
2
Irish Refugee Council submission on national standards | Irish Refugee Council
3
https://www.masi.ie/wp-content/uploads/2020/10/Statement-on-the-Publication-of-the-Catherine-Day-Advisory-
Group-Report.pdf
4
https://www.ihrec.ie/app/uploads/2017/02/Ireland-and-the-Convention-on-the-Elimation-of-All-Forms-of-
Discrimination-Against-Women.pdf
Page | 3agency centres at each reception centre recommended in the Advisory Group Report and available to asylum
seekers wherever they reside.
Payments to asylum seekers must urgently be revised upwards to reach an adequate minimum income and
ensure that all asylum seekers in the state are living above the poverty line from January 2020. This revision
should take place in January 2021 as recommended by the report. The Advisory Group Report recommends
that the weekly allowance currently paid to residents of Direct Provision be paid to asylum seekers in the
reception phase of the new system.
Own-door accommodation
CWI welcomes the Advisory Group Report’s recommendation that asylum seekers be supported to move to
own-door accommodation within 3 months. However, we are deeply concerned by the recommendation that
this accommodation be under the responsibility local authorities. The consistent underspending of the money
allocated for Traveller accommodation5, demonstrates the unsuitability of local authorities for this role. CWI
believe that own-door accommodation for asylum seekers delivered by an independent statutory body would
be the best option. Should local authorities have a role in accommodation provision such a body should have
an oversight and monitoring role with regard to all local authority engagement.
CWI welcome the Advisory Group Report’s recommendation that asylum seekers be entitled to housing
support equal to HAP when moving into own-door accommodation. However, we recommend that asylum
seekers in this phase should be integrated into existing homelessness programmes and receive homeless HAP,
rather than establishing a separate scheme akin to HAP. HAP recipients in general experience discrimination
from letting agents and landlords and the risk of discrimination would be heightened for those on a scheme
that is exclusive to asylum seekers6.
CWI recommend that the accommodation model outlined in the upcoming White Paper be developed from a rights-
based perspective and reflect the view expressed in the Programme for Government “that everybody should have
access to good quality housing”7.
5
https://www.independent.ie/irish-news/housing-minister-announces-change-to-traveller-accommodation-process-as-
half-of-allocated-money-in-2020-not-spent-39834544.html
https://itmtrav.ie/wp-content/uploads/2019/02/ITM-Review-of-housing-act-1998.pdf
6
https://www.masi.ie/wp-content/uploads/2020/10/Statement-on-the-Publication-of-the-Catherine-Day-Advisory-
Group-Report.pdf
7
2020 Programme for government “Our Shared Future”
Page | 4Legal Application Process
CWI welcomes the recommendation for time limits for first instance decision making and for the appeals stage.
This should be outlined in the White Paper alongside the varies steps needed to accommodate this new time-
bound system.
• The Legal Aid Board must be sufficiently resourced to handle all application requests in-house. This will
ensure:
o The recommended time bond process is held to the standard of fair and consistent decision
making.
o There is an end to the current 2-tier system which exists between those applicants with and
without additional legal support8.
o Applicants have the chance to present their full case at first instance, rather than in the appeal
stage, thus improving efficiency and reducing time asylum seekers spend in the application
process9.
• The Advisory Group does not outline how the time-limit placed on decision-making should be enforced
or what the consequences will be in the event that the state fails to meet this time-limit. This should be
considered during the development of the White Paper. The Movement for Asylum Seekers in Ireland
have recommended that applicants who have not received their first instance decision within a
particular time-frame should be granted leave to remain so as to end the legal limbo many find
themselves in.10
• The government must take the opportunity presented by the White Paper to reform the decision-
making process for international applicants. Trauma-informed processes should be incorporated into
decision making, particularly at the interview stage11. The presence of a “culture of disbelief” within the
Refugee Status Determination procedure, as was reported in the 2012 Irish Refugee Council Report
into the assessment of asylum claims12, should be investigated and responded to.
• The White Paper should also be used to review the model for deportation. We welcome the
recommendation that supports be maintained for 6 months after the final negative decision has been
received. We also support the recommendation of the Movement of Asylum Seekers in Ireland that the
state consider that any applicant who receives a negative final decision and can show that they have
been working for at least 4 months and will be in employment for the next 12 months, is given
permission to stay and work in the country13.
8
https://www.communityworkireland.ie/wp-content/uploads/2019/06/submission-on-direct-provision-community-work-
ireland.pdf
9
https://www.irishrefugeecouncil.ie/news/budget-2021-submission
10
https://www.masi.ie/wp-content/uploads/2020/10/Statement-on-the-Publication-of-the-Catherine-Day-Advisory-
Group-Report.pdf
11
ibid
12
https://www.irishrefugeecouncil.ie/difficult-to-believe-the-assessment-of-asylum-claims-in-ireland
13
https://www.masi.ie/wp-content/uploads/2020/10/Statement-on-the-Publication-of-the-Catherine-Day-Advisory-
Group-Report.pdf
Page | 5APPENDIX 1
COMMUNITY WORK IRELAND
Established in 1981i Community Work Ireland is the national organisation that promotes and supports
community work/community development as a means of addressing poverty, social exclusion and inequality.
CWI is a membership organisation comprising over 800 individuals and organisations that support community
work/community development and work with the most disadvantaged communities throughout Ireland. For
over 35 years, Community Work Ireland has played an important role in working to advance policy and
programmes that meet the real and pressing needs of disadvantaged communities seeking to ensure the
meaningful participation of communities in the decision-making processes that affect their lives. Specifically,
the work of Community Work Ireland involves:
• Information provision to members on relevant policy and programme development.
• Organisation of seminars, conferences and other opportunities for learning and networking.
• Supporting government policy-making through submissions on relevant policy and programmes and
engagement in fora and consultative processes on behalf of our members.
• Research on issues of relevance to community work.
• Development of professional standards for community work practice.
• Training and capacity building.
• Production of tools and resources to support community development organisations and those
charged with responsibility for community development in their work.
• Community Work Ireland acts as the Secretariat and convenor of the All Ireland Endorsement Body for
Community Work Education and Training.
Nationally, CWI participates as an active member of the Community Platformii and through the Platform in the
Community and Voluntary Pillariii and represents the Community Platform on the Department of Justice and
Equality oversight group for the National Strategy for Women and Girls. CWI participates on the Department of
Rural and Community Developments Cross Sectoral Group which produced and supports the implementation
of ‘Sustainable Inclusive and Empowered Communities - A 5-year strategy to support the community and
voluntary sector in Ireland’. Nationally CWI is a member of the European Network against Racism Irelandiv, the
SDG Coalition, the Far-Right Observatory, and the National Women’s Council of Irelandv. Internationally, CWI is
the Irish representative on the European Community Development Networkvi and the International Association
for Community Developmentvii.
Page | 6i
As the Community Worker’s Co-operative
ii
The Community Platform is a network of 28 of the main national organisations working to address poverty, social
exclusion, and inequality. Our objectives are to facilitate solidarity amongst the organisations involved, organise
community sector participation in partnership arrangements with the State, and establish a critical voice for equality,
rights and anti-poverty interests at a national level.
iii
http://www.esr.ie/ESR_papers/vol37_3/03%20Larragy.pdf
iv
http://enarireland.org/
v www.nwci.ie
vi
http://eucdn.net/
vii
http://www.iacdglobal.org/
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